Legislature(2015 - 2016)

2016-04-11 House Journal

Full Journal pdf

2016-04-11                     House Journal                      Page 2199
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                        TWENTY-NINTH LEGISLATURE                                                                             
                                                                                                                                
                             SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                     Monday                    April 11, 2016                                                   
                                                                                                                                
                           Eighty-fourth Day                                                                               
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Chenault at 11:01 a.m.                                                                                                          
                                                                                                                                
Roll call showed 38 members present.  Representative Hawker had                                                                 
been excused from a call of the House today.   Representative Kreiss-                                                           
Tomkins was absent and his presence was noted later.                                                                            
                                                                                                                                
The invocation was offered by the Chaplain, Representative Tilton.                                                              
Representative Wilson moved and asked unanimous consent that the                                                                
invocation be spread on the journal.  There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
     I offer this prayer with the deepest respect for religious                                                                 
     traditions and spiritual practices of all Alaskans:                                                                        
                                                                                                                                
     Lord, your word tells us every person is to be in subjection to                                                            
     the governing authorities for there is no authority except from                                                            
     you, and those which exist are established by you, O Lord.                                                                 
                                                                                                                                
     Scripture tells us: Submit yourselves for the Lord's sake to                                                               
     every human institution, whether to a king as the one in                                                                   
     authority, or to governors as sent by him for the punishment                                                               
     of evildoers and the praise of those who do right.                                                                         
                                                                                                                                
     God of power and might, wisdom and justice, through you,                                                                   
     authority is rightly administered, laws are enacted, and                                                                   
     judgment is decreed.  Assist with your spirit of counsel and                                                               

2016-04-11                     House Journal                      Page 2200
     fortitude the members of this body and all the elected and                                                                 
     appointed officials of the State of Alaska.  May we always                                                                 
     seek the ways of righteousness, justice, and mercy.  God grant                                                             
     that we may be enabled by your powerful protection to lead                                                                 
     our state with honesty and integrity.  We ask this through                                                                 
     Christ our Lord.  Amen.                                                                                                    
                                                                                                                                
The Pledge of Allegiance was led by Representative Gara.                                                                        
                                                                                                                                
                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
journal for the 83rd legislative day be approved as certified by the                                                            
Chief Clerk.  There being no objection, it was so ordered.                                                                      
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
SB 74                                                                                                                         
The Finance Committee considered:                                                                                               
                                                                                                                                
     CS FOR SENATE BILL NO. 74(FIN) am                                                                                          
     "An Act relating to diagnosis, treatment, and prescription of drugs                                                        
     without a physical examination by a physician; relating to the                                                             
     delivery of services by a licensed professional counselor, marriage                                                        
     and family therapist, psychologist, psychological associate, and                                                           
     social worker by audio, video, or data communications; relating to                                                         
     the duties of the State Medical Board; relating to limitations of                                                          
     actions; establishing the Alaska Medical Assistance False Claim                                                            
     and Reporting Act; relating to medical assistance programs                                                                 
     administered by the Department of Health and Social Services;                                                              
     relating to the controlled substance prescription database; relating                                                       
     to the duties of the Board of Pharmacy; relating to the duties of                                                          
     the Department of Commerce, Community, and Economic                                                                        
     Development; relating to accounting for program receipts; relating                                                         
     to public record status of records related to the Alaska Medical                                                           
     Assistance False Claim and Reporting Act; establishing a                                                                   
     telemedicine business registry; relating to competitive bidding for                                                        
     medical assistance products and services; relating to verification                                                         
     of eligibility for public assistance programs administered by the                                                          
     Department of Health and Social Services; relating to annual                                                               

2016-04-11                     House Journal                      Page 2201
     audits of state medical assistance providers; relating to reporting                                                        
     overpayments of medical assistance payments; establishing                                                                  
     authority to assess civil penalties for violations of medical                                                              
     assistance program requirements; relating to seizure and forfeiture                                                        
     of property for medical assistance fraud; relating to the duties of                                                        
     the Department of Health and Social Services; establishing                                                                 
     medical assistance demonstration projects; relating to Alaska                                                              
     Pioneers' Homes and Alaska Veterans' Homes; relating to the                                                                
     duties of the Department of Administration; relating to the Alaska                                                         
     Mental Health Trust Authority; relating to feasibility studies for                                                         
     the provision of specified state services; amending Rules 4, 5, 7,                                                         
     12, 24, 26, 27, 41, 77, 79, 82, and 89, Alaska Rules of Civil                                                              
     Procedure, and Rule 37, Alaska Rules of Criminal Procedure; and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
     HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN)                                                                                
     "An Act relating to diagnosis, treatment, and prescription of drugs                                                        
     without a physical examination by a physician; relating to the                                                             
     delivery of services by a licensed audiologist, speech-language                                                            
     pathologist, professional counselor, marriage and family therapist,                                                        
     psychologist, psychological associate, social worker, physical                                                             
     therapist, occupational therapist, and registered speech-language                                                          
     pathologist assistant by audio, video, or data communications;                                                             
     relating to the duties of the State Medical Board; relating to                                                             
     limitations of actions; establishing the Alaska Medical Assistance                                                         
     False Claim and Reporting Act; relating to medical assistance                                                              
     programs administered by the Department of Health and Social                                                               
     Services; relating to the controlled substance prescription                                                                
     database; relating to the duties of the Board of Pharmacy;  relating                                                       
     to the duties of the Board of Dental Examiners; relating to the                                                            
     duties of the Board of Nursing; relating to the duties of the Board                                                        
     of Examiners in Optometry; relating to the duties of the                                                                   
     Department of Commerce, Community, and Economic                                                                            
     Development; relating to the duties of the Department of                                                                   
     Corrections; relating to accounting for program receipts; relating                                                         
     to public record status of records related to the Alaska Medical                                                           
     Assistance False Claim and Reporting Act; establishing a                                                                   
     telemedicine business registry; relating to verification of eligibility                                                    

2016-04-11                     House Journal                      Page 2202
     for public assistance programs administered by the Department of                                                           
     Health and Social Services; relating to annual audits of state                                                             
     medical assistance providers; relating to reporting overpayments                                                           
     of medical assistance payments; establishing authority to assess                                                           
     civil penalties for violations of medical assistance program                                                               
     requirements; relating to the duties of the Department of Health                                                           
     and Social Services; establishing medical assistance                                                                       
     demonstration projects; relating to Alaska Pioneers' Homes and                                                             
     Alaska Veterans' Homes; relating to the duties of the Department                                                           
     of Administration; relating to the Alaska Mental Health Trust                                                              
     Authority; relating to feasibility studies for the provision of                                                            
     specified state services; relating to a report by the Board of                                                             
     Pharmacy, Board of Examiners in Optometry, Board of Dental                                                                 
     Examiners, Board of Nursing, and State Medical Board; amending                                                             
     Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, and 82, Alaska Rules of                                                         
     Civil Procedure; and providing for an effective date."                                                                     
                                                                                                                                
     (pending title change resolution)                                                                                          
                                                                                                                                
The report was signed by Representatives Neuman and Thompson,                                                                   
Co-chairs, with the following individual recommendations:                                                                       
                                                                                                                                
Do pass (2):  Munoz, Thompson                                                                                                   
                                                                                                                                
No recommendation (4):  Saddler, Pruitt, Edgmon, Gattis                                                                         
                                                                                                                                
Amend (5):  Kawasaki, Gara, Wilson, Guttenberg, Neuman                                                                          
                                                                                                                                
The following fiscal note(s) apply to HCS CSSB 74(FIN):                                                                         
                                                                                                                                
29.  Fiscal, Dept. of Administration                                                                                            
45.  Fiscal, Dept. of Health & Social Services                                                                                  
46.  Fiscal, Dept. of Health & Social Services                                                                                  
47.  Fiscal, Dept. of Health & Social Services                                                                                  
48.  Fiscal, Dept. of Health & Social Services                                                                                  
49.  Fiscal, Dept. of Health & Social Services                                                                                  
50.  Fiscal, Dept. of Health & Social Services                                                                                  
51.  Fiscal, Dept. of Health & Social Services                                                                                  
52.  Fiscal, Dept. of Health & Social Services                                                                                  
53.  Fiscal, Dept. of Health & Social Services                                                                                  

2016-04-11                     House Journal                      Page 2203
54.  Fiscal, Dept. of Health & Social Services                                                                                  
55.  Fiscal, Dept. of Health & Social Services                                                                                  
56.  Fiscal, Dept. of Health & Social Services                                                                                  
57.  Fiscal, Dept. of Health & Social Services                                                                                  
58. Fiscal, Dept. of Commerce, Community, & Economic                                                                            
 Development                                                                                                                    
59.  Fiscal, Dept. of Law                                                                                                       
60.  Fiscal, Dept. of Corrections                                                                                               
                                                                                                                                
CSSB 74(FIN) am was referred to the Rules Committee for placement                                                               
on the calendar.                                                                                                                
                                                                                                                                
               INTRODUCTION, FIRST READING, AND REFERENCE                                                                    
                          OF HOUSE RESOLUTIONS                                                                               
                                                                                                                                
HCR 30                                                                                                                        
HOUSE CONCURRENT RESOLUTION NO. 30 by the House                                                                                 
Finance Committee:                                                                                                              
                                                                                                                                
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                             
     the Alaska State Legislature, concerning Senate Bill No. 74,                                                               
     relating to diagnosis, treatment, and prescription of drugs without                                                        
     a physical examination by a physician; relating to the delivery of                                                         
     services by a licensed professional counselor, marriage and family                                                         
     therapist, psychologist, psychological associate, and social worker                                                        
     by audio, video, or data communications; relating to the duties of                                                         
     the State Medical Board; relating to limitations of actions;                                                               
     establishing the Alaska Medical Assistance False Claim and                                                                 
     Reporting Act; relating to medical assistance programs                                                                     
     administered by the Department of Health and Social Services;                                                              
     relating to the controlled substance prescription database; relating                                                       
     to the duties of the Board of Pharmacy; relating to the duties of                                                          
     the Department of Commerce, Community, and Economic                                                                        
     Development; relating to accounting for program receipts; relating                                                         
     to public record status of records related to the Alaska Medical                                                           
     Assistance False Claim and Reporting Act; establishing a                                                                   
     telemedicine business registry; relating to competitive bidding for                                                        
     medical assistance products and services; relating to verification                                                         
     of eligibility for public assistance programs administered by the                                                          
     Department of Health and Social Services; relating to annual                                                               

2016-04-11                     House Journal                      Page 2204
     audits of state medical assistance providers; relating to reporting                                                        
     overpayments of medical assistance payments; establishing                                                                  
     authority to assess civil penalties for violations of medical                                                              
     assistance program requirements; relating to seizure and forfeiture                                                        
     of property for medical assistance fraud; relating to the duties of                                                        
     the Department of Health and Social Services; establishing                                                                 
     medical assistance demonstration projects; relating to Alaska                                                              
     Pioneers' Homes and Alaska Veterans' Homes; relating to the                                                                
     duties of the Department of Administration; relating to the Alaska                                                         
     Mental Health Trust Authority; relating to feasibility studies for                                                         
     the provision of specified state services; and amending Rules 4, 5,                                                        
     7, 12, 24, 26, 27, 41, 77, 79, 82, and 89, Alaska Rules of Civil                                                           
      Procedure, and Rule 37, Alaska Rules of Criminal Procedure.                                                              
                                                                                                                                
was read the first time.                                                                                                        
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF SENATE BILLS                                                                          
                                                                                                                                
SB 148                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     CS FOR SENATE BILL NO. 148(L&C)                                                                                            
     "An Act relating to the reporting of workplace injuries to the                                                             
     division of labor standards and safety; and providing for an                                                               
     effective date."                                                                                                           
                                                                                                                                
with the:                                                      Journal Page                                                     
                                                                                                                                
 L&C RPT 5DP 2NR                                                        2110                                                    
 FN1: ZERO(LWF)                                                         2110                                                    
                                                                                                                                
**The presence of Representative Kreiss-Tomkins was noted.                                                                      
                                                                                                                                
Representative Millett moved and asked unanimous consent that                                                                   
CSSB 148(L&C) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                

2016-04-11                     House Journal                      Page 2205
CSSB 148(L&C) was read the third time.                                                                                          
                                                                                                                                
The question being:  "Shall CSSB 148(L&C) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSSB 148(L&C)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Drummond, Edgmon, Foster, Gara, Gattis,                                                                
Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller,                                                               
Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak,                                                                     
Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz,                                                             
Stutes, Talerico, Tarr, Tilton, Tuck, Vazquez, Wilson, Wool                                                                     
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
Absent:  Colver, Thompson                                                                                                       
                                                                                                                                
And so, CSSB 148(L&C) passed the House.                                                                                         
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
CSSB 148(L&C) was signed by the Speaker and Chief Clerk and                                                                     
returned to the Senate.                                                                                                         
                                                                                                                                
SB 204                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     SENATE BILL NO. 204                                                                                                        
     "An Act naming a shooting range in the Knik River Public Use                                                               
     Area the Kenny and Patti Barber Shooting Range."                                                                           
                                                                                                                                
with the:                                                      Journal Page                                                     
                                                                                                                                
 RES RPT 9DP                                                            2150                                                    
 FN1: ZERO(DNR)                                                         2150                                                    
                                                                                                                                
                                                                                                                                

2016-04-11                     House Journal                      Page 2206
Representative Millett moved and asked unanimous consent that                                                                   
SB 204 be considered engrossed, advanced to third reading, and                                                                  
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
SB 204 was read the third time.                                                                                                 
                                                                                                                                
The question being:  "Shall SB 204 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
SB 204                                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                
Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki,                                                               
Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                     
Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton,                                                                
Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez,                                                             
Wilson, Wool                                                                                                                    
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, SB 204 passed the House, was signed by the Speaker and                                                                  
Chief Clerk, and returned to the Senate.                                                                                        
                                                                                                                                
                      THIRD READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 247                                                                                                                        
The Speaker stated that, without objection, the following, which was                                                            
held to today's calendar (page 2192), would be held to tomorrow's                                                               
calendar:                                                                                                                       
                                                                                                                                
     CS FOR HOUSE BILL NO. 247(FIN)                                                                                             
     "An Act relating to interest applicable to delinquent tax; relating                                                        
     to the oil and gas production tax, tax payments, and credits;                                                              
     relating to the minimum oil and gas production tax; relating to                                                            
     refunds for the gas storage facility tax credit, the liquefied natural                                                     
     gas storage facility tax credit, and the qualified in-state oil refinery                                                   
     infrastructure expenditures tax credit; relating to the assessment of                                                      
     an oil and gas production tax imposed; relating to oil and gas lease                                                       

2016-04-11                     House Journal                      Page 2207
     expenditures and production tax credits for municipal entities;                                                            
     relating to a bond or cash deposit required for an oil or gas                                                              
     business; establishing a legislative working group to study the tax                                                        
     structure for oil and gas produced south of 68 degrees North                                                               
     latitude; and providing for an effective date."                                                                            
                                                                                                                                
                  SECOND READING OF SENATE RESOLUTIONS                                                                       
                                                                                                                                
SCR 20                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     SENATE CONCURRENT RESOLUTION NO. 20                                                                                        
       Proclaiming April 2016 as Sexual Assault Awareness Month.                                                               
                                                                                                                                
with the:                                                      Journal Page                                                     
                                                                                                                                
 STA RPT 7DP                                                            2108                                                    
 FN1: ZERO(S.STA)                                                       2108                                                    
                                                                                                                                
The question being:  "Shall SCR 20 pass the House?"  The roll was                                                               
taken with the following result:                                                                                                
                                                                                                                                
SCR 20                                                                                                                          
Second Reading                                                                                                                  
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                
Gattis, Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki,                                                               
Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz,                                                                     
Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton,                                                                
Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Tuck, Vazquez,                                                             
Wilson, Wool                                                                                                                    
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, SCR 20 passed the House, was signed by the Speaker and                                                                  
Chief Clerk, and returned to the Senate.                                                                                        
                                                                                                                                

2016-04-11                     House Journal                      Page 2208
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
House approve the citations on the calendar.  There being no                                                                    
objection, the following citations were approved and sent to enrolling:                                                         
                                                                                                                                
In Memoriam - Coogan Fox                                                                                                        
By Representatives Stutes, Chenault, Claman, Colver, Drummond,                                                                  
Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker, Herron, Hughes,                                                               
Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins,                                                                     
LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt,                                                             
Saddler, Seaton, Spohnholz, Talerico, Tarr, Thompson, Tilton, Tuck,                                                             
Vazquez, Wilson, Wool; Senator Stevens                                                                                          
                                                                                                                                
In Memoriam - Dr. Mary Anne Navitsky                                                                                            
By Senator Stedman; Representatives Chenault, Claman, Colver,                                                                   
Drummond, Edgmon, Foster, Gara, Gattis, Guttenberg, Hawker,                                                                     
Herron, Hughes, Johnson, Josephson, Kawasaki, Keller, Kito, Kreiss-                                                             
Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson,                                                                   
Ortiz, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                              
Thompson, Tilton, Tuck, Vazquez, Wilson, Wool                                                                                   
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
HB 81                                                                                                                         
Representative Saddler added as a cosponsor to:                                                                                 
                                                                                                                                
     HOUSE BILL NO. 81                                                                                                          
     "An Act relating to an exemption from the regulation of                                                                    
     construction contractors."                                                                                                 
                                                                                                                                
HB 234                                                                                                                        
Representative Tilton added as a cosponsor to:                                                                                  
                                                                                                                                
     HOUSE BILL NO. 234                                                                                                         
     "An Act relating to insurance coverage for mental health benefits                                                          
     provided through telemedicine."                                                                                            
                                                                                                                                
                                                                                                                                

2016-04-11                     House Journal                      Page 2209
SCR 20                                                                                                                        
Representatives Millett, Johnson, Josephson, Spohnholz, Tuck, Kito,                                                             
and Guttenberg added as cross sponsors to:                                                                                      
                                                                                                                                
     SENATE CONCURRENT RESOLUTION NO. 20                                                                                        
       Proclaiming April 2016 as Sexual Assault Awareness Month.                                                               
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
With appointment of the Conference Committee on the operating                                                                   
budget, Rule 23(d) of the Uniform Rules is in effect as of April 6,                                                             
2016.                                                                                                                           
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Education Committee                                                                                                             
CHANGED TO:                                                             noon                                                    
                                                                                                                                
Finance Committee                                                                                                               
8:30 a.m. meeting                                              CANCELED                                                         
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
House adjourn until 11:00 a.m., April 12, 2016.  There being no                                                                 
objection, the House adjourned at 11:26 a.m.                                                                                    
                                                                                                                                
                                               Crystaline Jones                                                                 
                                               Chief Clerk